Introduction
These Terms of Use govern access to and use of the DASH website, mobile application, online platform, booking tools, digital content and related online services, collectively referred to as the "Platform".
By accessing or using the Platform, creating an account, booking a class, purchasing a subscription, interacting with a club or instructor, or otherwise using any DASH service through the Platform, the user agrees to these Terms of Use.
Operator of the Platform
The Platform is operated by DARING AUTHENTIC SUCCESSFUL HEALTHY, registration number 2018/428044/07, trading as DASH ("DASH", "we", "us" or "our").
Our principal place of business is UNIT 32 THE PINES, SHELANTI AVENU, DIE HOEWE, GAUTEN, 0157. Legal notices may be delivered to camerontomlin@gmail.com
Scope of the Platform
DASH provides a digital fitness and gym-management platform that may include class bookings, instructor profiles, club profiles, memberships, digital fitness content, account management, notifications and related services.
DASH may act as a platform provider for participating clubs, studios, instructors or other service providers. Unless expressly stated otherwise, any in-person fitness class, event, session, facility access or coaching service is provided by the relevant club, studio, instructor or service provider, and not by DASH directly.
Account registration and user responsibility
A user must provide accurate, current and complete information when creating an account and must keep that information updated.
A user is responsible for maintaining the confidentiality of their login credentials and for all activity conducted through their account, except where unauthorised access arises from DASH's failure to apply legally required security measures.
DASH may suspend or restrict an account where it reasonably believes that the account has been misused, used unlawfully, used to harm other users, used to interfere with the Platform, or used in breach of these Terms.
Eligibility and minors
The Platform is intended for users who are legally capable of entering into binding agreements. A user under 18 years of age may only use the Platform with the consent and supervision of a parent or legal guardian.
Where DASH allows a minor to use the Platform, the parent or legal guardian accepts these Terms on behalf of the minor and is responsible for the minor's use of the Platform, bookings, payments and health disclosures.
Fitness, health and safety
The Platform may involve physical activity, training recommendations, exercise content, class participation, facility access and related fitness services. Physical activity involves inherent risk, including the risk of injury, illness, aggravation of an existing condition and, in rare cases, death.
The Platform and any general fitness content are not medical advice, diagnosis, treatment, rehabilitation advice or professional healthcare services. A user must obtain medical advice before participating in physical activity if the user is pregnant, injured, ill, taking medication, has a medical condition, has not exercised recently, or is uncertain whether exercise is safe.
A user must stop exercising immediately and seek medical assistance if they experience pain, dizziness, faintness, chest discomfort, shortness of breath, unusual symptoms or any other warning sign.
A user is responsible for disclosing relevant health, injury, fitness-level and emergency-contact information requested by DASH, a club or instructor, and for ensuring that any information provided is accurate and complete.
Bookings, clubs and instructors
Bookings are subject to availability, venue capacity, instructor availability, club rules, class rules and any cancellation or no-show policy displayed at the time of booking.
Participating clubs and instructors may apply additional rules relating to attendance, equipment, safety, late arrival, cancellation, hygiene, facility access and conduct. A user must comply with those rules.
DASH is not responsible for the conduct, omission, facility condition, equipment condition or professional advice of an independent club or instructor except to the extent that South African law does not permit DASH to exclude or limit responsibility.
Fees, billing and payment
Fees, subscriptions, membership charges, booking charges, cancellation charges and other amounts payable will be displayed before purchase or otherwise set out in the applicable offer.
All amounts are payable in South African Rand unless stated otherwise. Prices include VAT only where stated. Any recurring subscription will continue for the stated subscription period and will renew according to the billing terms accepted by the user.
Payment may be processed by a third-party payment provider. DASH does not store full card details unless this is expressly disclosed and permitted by applicable law and payment-card rules.
Failed payments may result in suspension of access, cancellation of bookings, restriction of account functionality or termination of subscription, subject to applicable law and any agreed notice period.
Cancellations, refunds and cooling-off rights
Cancellations, refunds, credits, no-show fees and booking changes are dealt with in the Billing, Cancellation and Refund Policy linked on the Platform.
Where a user is a consumer under applicable South African law, nothing in these Terms limits any non-excludable statutory cooling-off, refund, cancellation, repair, replacement or consumer-protection right.
If a service begins with the user's consent before the end of an electronic-transaction cooling-off period, the statutory cooling-off right under ECTA may not apply to that service. The final wording should be aligned with the actual checkout journey and service-commencement consent flow.
Acceptable use
A user may not use the Platform to upload unlawful, harmful, defamatory, abusive, threatening, discriminatory, obscene, misleading, infringing or malicious content.
A user may not copy, scrape, reverse engineer, interfere with, overload, bypass security controls, probe, scan, test vulnerabilities, introduce malware or otherwise misuse the Platform, except where permitted under the Vulnerability Disclosure Policy.
A user may not impersonate another person, misrepresent an affiliation, create false accounts, manipulate bookings, resell access, abuse discounts, or use the Platform for any unlawful or unauthorised commercial purpose.
User content
A user may upload, submit or share information such as profile information, class reviews, comments, images, progress data or communications. The user remains responsible for the lawfulness, accuracy and appropriateness of that content.
By submitting user content, the user grants DASH a non-exclusive licence to host, store, display, process and use that content to operate and improve the Platform, subject to the Privacy Policy and applicable law.
DASH may remove or restrict user content that it reasonably considers unlawful, harmful, irrelevant, misleading, in breach of these Terms or harmful to other users or the integrity of the Platform.
Intellectual property
All copyright, trade marks, domain names, designs, software, databases, logos, text, images, videos, training content, user-interface elements and other materials made available by DASH on the Platform are owned by or licensed to DASH.
A user is granted a limited, personal, revocable, non-transferable and non-exclusive right to use the Platform for lawful personal use. No content may be copied, modified, distributed, sold, sublicensed, reverse engineered or used for commercial purposes without prior written permission from DASH.
Third-party links and integrations
The Platform may contain links to third-party websites, payment providers, social media platforms, analytics providers, club systems or instructor tools. DASH is not responsible for third-party websites or services and their terms and privacy practices apply separately.
A user should review any applicable third-party terms and privacy policies before using third-party services.
Availability and changes to the Platform
DASH aims to provide a reliable Platform but does not guarantee uninterrupted, error-free or continuous availability. The Platform may be unavailable because of maintenance, updates, hosting-provider issues, internet disruptions, security incidents or events beyond reasonable control.
DASH may update, modify, suspend or discontinue any feature of the Platform, provided that it will not unlawfully deprive a consumer of a paid service.
Disclaimer and limitation of liability
The Platform is provided on an "as is" and "as available" basis, to the fullest extent permitted by law.
DASH does not exclude liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by its negligence where such exclusion is prohibited, or any liability that cannot lawfully be excluded under the CPA or any other applicable law.
Subject to non-excludable law, DASH will not be liable for indirect, incidental, special or consequential loss, loss of profit, loss of data, loss of goodwill, business interruption, loss arising from third-party clubs or instructors, or loss arising from a user's failure to disclose health information or follow safety instructions.
Any limitation of liability must be reviewed against the final business model, the actual supplier structure and the precise goods or services offered.
Indemnity
To the fullest extent permitted by law, a user indemnifies DASH and its officers, employees, contractors and service providers against claims, losses, damages, costs and expenses arising from the user's breach of these Terms, unlawful use of the Platform, infringement of third-party rights, misuse of another person's information, or failure to comply with club or instructor safety rules.
This indemnity does not apply to the extent that the claim arises from DASH's fraud, intentional misconduct, gross negligence or other conduct for which liability cannot lawfully be excluded.
Privacy
DASH processes personal information in accordance with its Privacy Policy. By using the Platform, a user acknowledges that DASH may process personal information as described in that policy.
Where DASH requests health, injury, biometric, fitness or similar sensitive information, DASH will process that information only where permitted under POPIA and the Privacy Policy.
Changes to these Terms
DASH may update these Terms from time to time. Updated Terms will be published on the Platform and will take effect from the effective date stated in the updated version.
Where a change materially affects a paid subscription or a user's rights, DASH should give reasonable notice through the Platform, by email or by another appropriate communication channel.
Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa.
Before instituting formal proceedings, the parties should attempt to resolve disputes through the DASH support channel. This does not prevent a consumer from exercising any statutory complaint or enforcement right.